Criminal Analysis Of Selling And Illegal Providing Personal Information

In2009, with the fact that personal information on citizens suffered seriousencroachment frequently, Amendment (VII) to the Criminal Law of the People’sRepublic of China was promulgated, into which new crimes named ‘selling andillegal providing personal information’ and ‘illegal obtaining personal information’were added as Article (A) and (B). Actually, no relevant civil regulations has everbeen made before such criminal amendment, which may be a violation of theprinciple of criminal illegality. Notwithstanding, it is necessary to provide suchprotection on personal information by criminal law. The establishment of the two newcrimes not only enhances the public’s awareness to protect their own information, butalso assumes the high expectations of jurists in restraining crimes on personalinformation.However, during the recent five years, the two new crimes are not applied asgreat as expected, which is mainly reflected by the existing of numerousencroachments of personal information. The public have realized that their personalinformation are being encroached, but in fact, these criminal offenses are notrestrained effectively. Simultaneously, most judicial officers agree that there is someobstruction of the application of these two crimes, especially of selling and illegalproviding personal information. Such crime is mainly focused on the encroachment ofthe source of personal information and combat offenses committed, through selling personal information without authorization and in violation of law, by units and itsemployees who are entitled to obtain these information during their performance oftheir duty. Logically, it is of high value to protect the personal information from thevery beginning. However, in fact, this new article is not applied a lot. Suchembarrassed situation makes us to find the reason and fix the problem.Focused on the problem of application of selling and illegal providing personalinformation crime, this essay aims to analysis possible reasons of the problem anddiscuss corresponding solutions. Therefore, this essay consists of three parts. The firstpart is the first paragraph, a general describe of selling and illegal providing personalinformation crime, which shows the legislation background and meaning, definitionand constitutive requirements. The second part is composed of paragraph two to four,which illustrate the application of selling and illegal providing personal informationand analyze three common problems in the application: the definition of personalinformation, the subject of this crime and the criterion of conviction. The third part isthe conclusion of all the questions discussed in the proceeding paragraphs.In order to analyze selling and illegal providing personal informationscientifically, manifold study methods are used, including concept analysis, articleresearch, comparison, social surveys, case study and so on. The objective and strictstudy process and the various study perspectives guarantees the applicability andreasonability of the conclusion.